Summary: The Council was at fault as there is no evidence on the files to explain the steps it took to get temporary accommodation for a family for 6 weeks. A payment of £525 remedies any inconvenience suffered from the uncertainty and unsuitable housing for the 6 weeks. There is also evidence of delay in updating the personalised housing plan, which prevented the complainant bidding on social housing, although she did not miss out on obtaining a permanent place to live.

The complaint

1. The complainant, whom I shall refer to as Miss B, complains the Council has delayed making a decision on her homelessness application made in February 2018.
2. Miss B also complains the Council has evicted her from temporary accommodation at short notice on 2 occasions, and has failed to provide alternative accommodation from late July 2018.

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The Ombudsman’s role and powers

3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I read the papers sent by Miss B.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. I gave the Council and Miss B the opportunity to comment on my draft decision.

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What I found

7. Miss B has five children. Her family moved into a private rented house on 30 January 2018. So, the Council made a decision that she was not homeless (from a previous homeless application) on 2 February 2018.
8. On Monday 16 July 2018 Miss B told the Council she was homeless, as bailiffs removed her from the house on Friday. Miss B owed the landlord over £5000 for rent of the private rented house. Miss B said they slept at other people’s houses over the weekend but couldn’t do that anymore.
9. On 16 July 2018 the Council took Miss B’s homeless application over the telephone and she then visited the Council offices to speak to a housing officer.
10. The Council accepted an interim duty to house her family under S188. The officer completed an assessment and personalised housing plan and accepted a relief duty.
11. The personalised housing plan of 16 July 2018 says the Council agreed to take the following steps:
• The Council will offer Miss B a housing options deposit bond if she cannot get a bond via DHP or crisis support. This would be subject to receiving the required evidence to support a bond.
• If the Council becomes aware of any suitable private tenancies that Miss B may apply for, it will contact her to advise her so she can apply.
12. The personalised housing plan asks Miss B to provide 2 months bank statement and continue to look for affordable 4 bedroom properties. Miss B signed to say she agreed with the plan.
13. The Council wrote to Miss B on 16 July 2018. The letter said the Council had accepted a duty to help Miss B resolve her homelessness. The Council told Miss B in the letter that she had a right to request a review of its decision on the Personal Housing Plan.
14. The Council placed Miss B in emergency accommodation at holiday park one on 16 July and told her she would need to pay a top up charge of £24.50 per week.
15. The Council officer called Miss on 1 August to tell her she B had to leave the accommodation on 2 August as the holiday park had a booking. The file note says that it advised Miss B that it was struggling to find temporary accommodation in the town as it was peak holiday season and that any offer of accommodation may be outside the area, so she may prefer to stay with friends or family.
16. The Council’s file note of 2 August says the Council had looked up to 40 miles away. The notes say that Miss B agreed to stay with family or friends over the weekend rather than leave the area and that the Council would telephone on 6 August to update.
17. Miss B chased the Council on 8 August. The Council texted her to say there was still no accommodation but there may be one room with a double bed and bunks the next week. The Council also left a voicemail message on 9 August.
18. Miss B called the Council on 18 September. She said she had to split her children up so two were with friends and she has no more options to stay with friends or family.
19. Miss B called the Council on 21 September to say she had nowhere to stay that night and had been physically assaulted. The Council found her family temporary accommodation at holiday park 2 on 21 September. The Council advised Miss B she would soon need to pay a top up weekly charge of £24.50.
20. The Council’s relief housing duty ended on 24 September as 56 days had passed and the main housing duty was owed on 25 September.
21. The Council wrote to Miss B on 4 October. This said the Council owed Miss B a ‘main duty’ under the Housing Act 1996 (as amended by the Homelessness Act 2002) to get accommodation for her family.
22. The letter explained that the Council would place her family in temporary accommodation and that she had a right to seek a review of its suitability, if she did not believe the temporary accommodation was suitable.
23. The letter said she would either get an offer of social housing or a tenancy in the private rented sector. The letter said it would place Miss B in band B and it expected her to bid for properties straight away.
24. The Council has also told me that Miss B is excluded from the housing register as she owes the landlord over £500 and has no payment plan in place.
25. The Council booked Miss B into a holiday park 3 on 5 October 2018. This was too far away for Miss B to get her children to school and three local holiday parks refused to accept the booking.
26. Miss B told the Council she was homeless on 8 October but could stay with her mum for a while. The temporary accommodation ended on 9 October 2018.
27. The Council found further self-contained accommodation for Miss B on 12 October 2018. The Council also helped Miss B to apply for a Discretionary Housing Payment (DHP) to clear the arrears on her previous tenancy. Miss B was advised she would soon need to pay a top up weekly charge of £24.50.
28. The Council moved Miss B to another temporary self-contained property on 3 November 2018. Miss B was advised she would soon need to pay a top up weekly charge of £24.50. The Council sent Miss B texts to tell her of two privately rented 4 bedroom properties she could apply for.
29. On 30 November 2018 the Council said it agreed that Miss B’s former tenant arrears will be cleared in full with a DHP when she is shortlisted for a suitable property. So, Miss B is allowed onto the housing register with an effective date of 16 July 2018. The Council has said that it accepts that private rented accommodation is unlikely to be affordable and has taken steps to ensure that social housing will be offered to Miss B by clearing her arrears.
30. The Council wrote to Miss B on 5 December 2018 to tell her that she could now bid on social housing properties and her application date was backdated to July 2018.
31. The Council moved Miss B into further temporary accommodation on 21 December 2018.

My analysis

32. Miss B has complained to the Ombudsman that the Council had not made a decision on her homeless application made in February 2018. I can find no fault on this point, as a decision was made on 25 February 2018 that she was not homeless as the Council found a private rented house for her. It seems that Miss B thought this was temporary accommodation but it was not.
33. Miss B was evicted and owes the landlord over £5000 in rent. She has said that this is because the benefit cap means she gets only 50p per week in housing benefit towards the rent of £300 a week.
34. Miss B made a second homeless application on 16 July 2018. The Council accepted its duty and found her temporary housing until 2 August 2018.
35. The Council’s did not communicate with Miss B from 8 August until 21 September, when she telephoned the Council in crisis. There is nothing on the Council’s files to show that it was looking for accommodation for Miss B’s family in this time and it relied on her staying with family and friends. I consider this fault, even if there was no suitable accommodation available, the Council should have made attempts to find her a property and recorded this on the file.
36. Miss B had no contact or offers of temporary accommodation from the Council from 8 August until 21 September, a period of 6 weeks. While I accept there was little suitable temporary accommodation in the area and Miss B could stay with family and friends, there was considerable disruption to her and her children’s lives. In line with our remedies, I recommend the Council makes a payment of £525 towards the uncertainty and unsuitable housing Miss B stayed in during the time, as her and her family had to live with family and friends.
37. The Council has said that the Council has now taken on several new units of contracted temporary accommodation and is also about to go out to tender for temporary accommodation to further improve its provision.
38. Miss B was placed in temporary accommodation at another holiday park until 5 October. Miss B stayed with her mum until temporary self-contained accommodation was found for her on 12 October until 21 December 2018.
39. Miss B has 5 children and has had to move properties 4 times since 21 September 2018. This is not ideal but she has been in self contained accommodation during this time and has been within a reasonable distance of her children’s school.
40. The Council wrote to Miss B each time she was given new accommodation, along with contacting her by phone and text. When the Council owed a full duty to accommodate the household Miss B was informed she had a right to request a review of the suitability of the accommodation being offered.
41. Miss B’s personalised housing plan 16 July 2018 offered her a deposit bond for private accommodation. However, the Council was aware on this date that privately rented property was unaffordable for Miss B due to the benefit cap and her pervious arrears. So, I consider it was fault for the Council to include private rented accommodation in her personalised housing plan.
42. Miss B was informed on 5 December 2018 that she could bid on social housing properties, with her application backdated to July 2018. I have checked with the Council and there was one suitable house she could have bid on during from July to December 2018. However, this house was let to someone who had been waiting longer and so had greater priority. So, Miss B has not missed out on permanent accommodation due to the Council’s error. I do not propose any remedy on this point, as the outcome for Miss B has not changed as a result of the Council’s error.

Agreed action

43. That the Council makes a payment of £525 to Miss B towards the uncertainty and the unsuitable housing she stayed in when there are no records of the Council searching for temporary accommodation within one month of the date of the decision on this complaint.

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Final decision

44. I have completed my investigation of this complaint. This complaint is upheld as there was fault by the Council. I consider the recommendation above is a satisfactory remedy to the injustice caused.

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Investigator's decision on behalf of the Ombudsman